The applicant sought to vary a week‑on/week‑off parenting arrangement so that the child would primarily reside with her.
The dispute centred on allegations that the child was unhappy during time spent with the respondent and required emotional space to address her feelings.
The court considered the status quo principle but found special circumstances justified altering the existing arrangement.
Relying in part on evidence from the child’s counsellor and the child’s expressed wishes, the court ordered that the child reside with the applicant and spend time with the respondent in accordance with the child’s wishes.
A parenting assessment under s. 30 of the Children’s Law Reform Act was also ordered.
